Democracy is attacked when the federal government prosecutes Wikileaks.

As Glenn Greenwald explains, an attack on Wikileaks is an attack on traditional investigative journalism.

A coalition of leading journalists and media outlets in Australia have explained: WikiLeaks “is doing what the media have always done: bringing to light material that governments would prefer to keep secret” and prosecuting them “would be unprecedented in the US, breaching the First Amendment protecting a free press“; they added: “To aggressively attempt to shut WikiLeaks down, to threaten to prosecute those who publish official leaks . . . is a serious threat to democracy.” The Committee to Protect Journalists sent a letter to Obama and Attorney General Eric Holder expressing “deep concern” over “reports about a potential WikiLeaks prosecution,” which “would threaten grave damage to the First Amendment’s protections of free speech and the press.” Although American journalists were reluctant at first to speak out, even they have come around to recognizing what a profound threat an Assange indictment would be to press freedoms, with The Washington Post Editorial Page denouncing any indictment on the ground that it “would criminalize the exchange of information and put at risk responsible media organizations,” and even editors of the Guardian and Keller himself — with whom Assange has feuded — are now vowing to defend Assange if he were to be prosecuted.
To take it a step further, an attack on investigative journalism is an invitation for the government to act unaccountably, in secret, which is absolutely in conflict with the notion that the U.S. government is being run by the citizens. To connect the dots, a federal criminal prosecution of Wikileaks is an attack on democracy. For more see this post, and see this article demonstrating that Wikileaks is doing nothing different than the New York Times when the Times is doing its job well.

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Definition of “militant”

Glenn Greenwald discusses the definition of "militant" with Amy Goodman:

Well we, of course don’t imply that the President of the United States believes that he has the power to order people to killed — assassinated — in total secrecy, without any due process, without transparency or oversight of any kind. I really do believe it’s literally the most radical power that a government and a President can seize, and yet the Obama administration has seized this power and exercised it aggressively with very little controversy. What the New York Times article does is it adds some important, though very disturbing details. Probably the most disturbing of which is that one of the reasons why the Obama administration runs around claiming that the casualties of civilians are so low from their drone attacks, which everyone knows is false, is because they have redefined what a militant is. A militant in the eyes of the Obama administration formally means any male of fighting age, presumably 18 to 40, who is in a strike zone of a missile. So, if the U.S. shoots a missile or detonates a bomb by drone or aircraft and kills eight or a dozen or two dozen people without even knowing whom they have killed or anything about them, they will immediately label any male of a certain age a militant by virtue of their proximity to that scene. What the New York Times article said, was that the rationale for this is that they believe that anybody who is even near a terrorist or any terrorist activity is "Probably up to no good." Ironically, that is, as Will Bunch of the Philadelphia Daily News pointed out, the exact phrase that George Zimmerman used when describing Trayvon Martin to the 9-1-1 call, that he must be up to no good. The sort of suspicion, that even though we don’t know anything about somebody, the mere happenstance of where they are or what they’re doing entitles us not just to harbor a suspicion about them, but to kill them. And it is amazing that American media outlets continue to use the word "militant" to describe people are killed by American drones without knowing their identity, even though we now know that the Obama administration uses that word in a incredibly deceitful and propagandistic way. And the fact that Obama, himself, is sitting at the top of this pyramid, making decisions about life and death — issuing death sentences without a shred of oversight or transparency, really ought to be provoking widespread outrage, and yet with the exception of a few circles and factions it really isn’t. . . . he’s has been embracing these radical theories of executive power that even George Bush’s former former CIA and NSA chief General Michael Haden has lavishly praised and other Bush officials are over the moon about in terms of President Obama endorsing them. So, we know his policies have been extremist and radical, but here you have one of the most controversial things that a president can do — ordering an American citizen assassinated by the CIA in total secrecy with no due process, never been charged with a crime, even though they could have charged him if they really had evidence as they claim, that he was guilty of plotting terrorist attacks. Instead of charging him, they simply secretly ordered his assassination, and it turns out there was no struggling in terms of the difficult constitutional and ethical and legal issues this a obviously presents. According to the President’s own aides, they’re boasting to the New York Times that he has declared that this was an "Easy" decision, not anything that he struggled with, something that he made quite easily. So, we find out that not only is exercising this radical power, he is not even having any struggles with conscience or constitutional questions or legal or intellectual quandaries about it. It’s something that his national-security adviser, Tom Donilon, also bragged to the New York Times about. It shows how "Comfortable" he is using force, even against American citizens. That I think reflects really on the type of person that occupies the Oval Office.

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Wacky Conspiracy

Sure, the Birthers and Truthers are ramping up their positions this election year. But how about this? Step one: Note an uptick in gun violence as the weather warms up (as recently has been reported in places like Seattle). Step Two: Encourage the "Liberal Media" like Fox News and CNN to run with the statistical spike, rolling out regular stories about gun violence. Step Three: Sit back as the predictable political posturing by liberal politicians results in writing moderate gun control legislation. Step Four: Respond in the early fall with a fervent campaign push saying, "See? We Told you Obama is after your guns!" Result: Getting out the conservative voters who otherwise wouldn't bother voting for that Mormon not-conservative-enough Romney.

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Court secrecy dominates one of the biggest government leak trials in history.

Bradley Manning will be tried by the U.S. government, and there will not be open media access to the proceedings. This might suggest to a reasonable person that the U.S. government has something to hide. That's what the U.S. government would say about some other country that is not giving the media easy access to the proceedings. Kevin Gosztola of FDL explains:

A challenge against secrecy in court martial proceedings for Pfc. Bradley Manning, who is accused of releasing classified information to WikiLeaks, was filed in the Army Court of Criminal Appeals (ACCA) on Thursday. The challenge—a petition for extraordinary relief—is being submitted to order the judge to grant the press and the public access to court filings, such as government motions, court orders and transcripts of proceedings. . . . While I have concerns about the constitutional implications posed by a government intent to convict Manning in secret, I find that my experience as a credentialed media reporter, who has been attending Manning’s legal proceedings since December of last year, gives me the authority and obligation to oppose the ridiculousness that is the judge’s decision to dismiss concerns from the press about lack of access to court filings. And so, I support this challenge as a member of the press whose job has been complicated unnecessarily by the government’s penchant for secrecy in the Manning proceedings. . . . Secrecy makes it likely Manning’s trial will be improper and unfair. As a soldier who is accused of one of the biggest leaks or security breaches in history, Manning deserves a trial that is much more open.

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Seven ways for an American citizen to get detained indefinitely

This article at Huffpo summarizes seven ways for an American citizen to get detained indefinitely. These concerns are not made up out of thin air. They are based on positions taken by attorneys for Barack Obama's Department of Justice during the litigation brought by author Chris Hedges and others. Here is Hedges' recap of why he got involved with the suit:

In January, attorneys Carl Mayer and Bruce Afran asked me to be the lead plaintiff in a lawsuit against President Barack Obama and Defense Secretary Leon Panetta that challenged the harsh provisions of the National Defense Authorization Act (NDAA). We filed the lawsuit, worked for hours on the affidavits, carried out the tedious depositions, prepared the case and went to trial because we did not want to be passive in the face of another egregious assault on basic civil liberties, because resistance is a moral imperative, and because, at the very least, we hoped we could draw attention to the injustice of the law. None of us thought we would win. But every once in a while the gods smile on the damned.

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